Need advice for unsafe working environment

Yesterday morning our company did fumigation
for termites treatment. Day later we have work
in the area under the roof fumigation was done.
I work the night shift so for the whole night my
throat was not feeling well and so are my eyes.
I was told that technically there should
minimum of 72 hours before we should come
back the area for termites treatment. Is this
something I can sue my company for making
us working under this environment? They did
send a email to whole company about the
termites treatment but didn’t plan or make any
adjustments on our working hours or location

Asked on September 11, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can file a complaint to OSHA or to a state agency overseeing workplace safety for violating safety standards or having an unsafe workplace, and the agency may be able to force changes to improve safety (e.g. by fining the employer until they make changes).
However, a lawsuit is designed for essentially one thing only: to provide compensation for harm you have already provably suffered. Based on what you write, you have not yet suffered harm for whcih you could receive any compensation: there is no payment or compensation for "not feeling well" for a short time. Therefore, a lawsuit is not the correct mechanism at this point, when you have not evidently suffered any significant provable harm.


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